BODNER v. GREENWALD

ORDERED that the order is affirmed, with costs.

The plaintiffs established that the defendant failed to yield the right of way to the motor vehicle operated by the injured plaintiff, and made out a prima facie case that the accident resulted from the defendant's negligence (see Vehicle and Traffic Law § 1142[a]; Maxwell v. Land-Saunders, 233 A.D.2d 303). However, in opposition, the defendant raised issues of fact as to the injured plaintiff's comparative negligence (see King v. Washburn, 273 A.D.2d 725; Patti v. Fenimore, 181 A.D.2d 869; cf. McClelland v. Seery, 261 A.D.2d 451; Gravina v. Wakschal, 255 A.D.2d 291; Snow v. Howe, 253 A.D.2d 870). Therefore, the plaintiffs' motion for partial summary judgment on the issue of liability was properly denied.

RITTER, J.P., FEUERSTEIN, ADAMS and RIVERA, JJ., concur.